Ticket in the NSX = 6 Months in Jail...

Joined
18 April 2005
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275
I was cruising with my friend last summer down highway 2 here in ajax/pickering area. He was in his TT Rx7 and i was in my NSX. He has a very loud exhaust which u could hear from 4 blocks away. We were going around 100 in a 80 when it turns to a lil bit of farm land. Get to a red light and continue to go on. About 5 mins down the road (we are in traffic at this point) i see a cruiser FLYING to from the distance, goes into on coming traffic and pulls ahead of the 3-4 cars ahead of us. Gets out, waves the 3 cars ahead of us and 2 cars behind us to go on and yells at us to pull over. At this point this mid 20's cop was being very loud and rude screamin for the documents. I gave them without saying anything. 1 hour goes by and at this time therer are 3 more cruisers here. he comes back and gives my friend 2 tickets, my buddy yells out loud " are you fucking kidding me" I hear the cop say that the helicopter got us on radar going in speed off 180km+. He comes to me and says im too young and i dont deserve a car like this anytime soon. Starts questioning my parents and where my funds come from. he told me that he was doin paperwork in a mall and heard my friends exhaust SCREAMING by and knew we were racing. I told him we were not and he was mistaken, he told me nice car and have a good night. 176 in a 70 and street racing. Court finally comes 2 days ago, i walk and the a lady comes over and says " we are asking for the maximum of 6 months in jail and 2 year liscense suspension, u better get a lawyer". Turns out a kid got 30 days in jail (weekends) for doin 20 over in whitby... Im not being charged under the criminal code too which is going to screw me over more. My lawyer says the cop doesnt have to prove anything either becuz its his word vs mine. Never knew something like this could happen....
 
What the hell?

First, since when do choppers have radar?
Second, how do they push for jail outside of the criminal code? What are they claiming you are, a terrorist?
I thought the cops attention was drawn by the sound of the exhaust; so he didnt even see you? How did the chopper get involved?

That whole story doesnt add up. Either they got you street racing/driving too fast, or you've got what they're telling you mixed up. Ppl dont go to jail for doing 20 over either. Maybe he got caught 20 over while he was drunk, had a suspended license and was selling crack out the passenger side window??

Either way, sounds like you should get a lawyer. Didnt you have the initial charges way back? If yes, why didnt you already get a lawyer?
 
Never heard of choppers with radar, although it is possible I guess. Some of the airplane patrols in the states use markers either painted or land marks like road signs. Some stretches of road have these marks set up in specific distances. They cruise around in the air with a stop watch and basically calculate how long it takes you to get from mark 1 to mark 2. If it's exessive, they make the call to the ground units.
 
Just spoke with legal cousil who sits right behind me. He says that it is outside of the criminal code because traffic stuff is a provincial issue; criminal code is federal.

No way choppers have radar and they use planes for timing, not choppers AFAIK.

I think that you dont have proper disclosure; get a lawyer. It seems that the court is feeding you some BS to scare you. Charging you with that speed is a very serious thing. You should have gotten a lawyer ages ago.
 
That BS, they have to show you proof of the Radar, it can't be his word against your.

A few year ago a cop followed me, for a while then pull me over for speeding. No radar. I went to court, he said his speedo show xx, therefore I was speeding. Judge toss the case, "saying you cannot compare one automobile speedometer against another", must be a Radar.

Bram
 
He told my buddy that it was a helicopter that got us on radar and in the disclosure it said nothing about a helicopter and that from when he heard us race by and he pulled out, he saw us down the road going fast and changing gears side by side. He said he had to hit a speed of 180km to catch up to us down the road. The whole time im reading this disclosure im telling my lawyer this is all bs and my lawyer said "wells its going to be your word against his, and since you got ur liscence suspended for 6 months 2 times, they are going to belive him" I honestly thought that for charges such as this they had to prove it. I had court on Feb 4th, got my name called up my the worship, the attorney or whoever is prosecuting me comes overs and asks me if im aware that they r asking for 6 months, i said no. she handed me a disclosure and said i have 4 weeks to get a lawyer. I met with my lawyer today and he has friends in the whitby courts, they honestly did send a kid to jail for doing 20 over, and that the courts arnt being runned right for these situations. If it was in the toronto area, it would have been a different story and wouldnt have never got asked for jail.
 
Last spring on the way to Mosport in the NSX I got pulled over for doing 156kph in a 100kph. There is a longish story here, but suffice to say I wasn't and that I had just been passed by 2 cars doing at least 20-30kph faster than I was going (~120kph). The officer said he got me on radar, and asked for my radar detector (I don't have one). I asked him if he was sure that it was my car with the radar detector, and that he was certain I was doing the speed he suggested. He said yes to both.

I wrote down everything that happened the same day, dated it and had it witnessed.

I called an RCMP friend, who told me cops can lie to get a confession (that's why I never say anything roadside).

I fought it in court, and on disclosure the cop said he lost me for 2km and that he was 'pacing me'. My guy asked the cop if he was telling the truth when he pulled me over. He said yes, and that crashed his case because he wasn't. Case was tossed, but I did hire POINTTS right away.

I guess what I'm getting at is don't be intimidated if you're certain that you're right. Make sure your lawyer does their job, and if you don't like what he's telling you find one more experienced with traffic law.

I'm suprised at the jail sentance given that DUIs don't always go to jail.
The whole thing with him sitting in the mall and hearing you is bs. How does he know it was the 2 of you if he didn't have you in line of sight?

Fishy.
 
I don't know if helicopters out there have radar. But in Edmonton, our helicopter has radar. At least that is what they touted when they wanted to purchase it.

Anyways this is what I would do if I was you. Hire a lawyer but if you don't want to then I would


first, I would get the helicopter manifest to actually see if the helicopter was in the air and in your area at the time and see if the helicopter does indeed have radar.

Second, I would do a background check on the cop and check out if he had any issues in the past and also the pilot of the helicopter. It will be your word vs his word. He does hold an advantage because his word to the courts is more 'creditable'.





Its too bad you never had a camcorder recording everything at once.
 
My friend whos on SWAT (has a 600rwhp RSX) told me to get a camera and put it in the car for these reasons. Because its nothing new for a cop to be bais and lie. Hopefully its not too late to learn this valuable lesson.
 
I am accused of doing 68 in a school zone at 4pm. I barely missed 3 kids crossing the street and now the law has thrown the book at me. I plead not guilty and requested a court date and the justice dept sent we 12 sheets of evidence against me. Radar calibrations, photos , police reports, statements, etc. I could be doing hard time.

Apparantly when you fight the system they go friggin' nuts.
 
Helicopters DO NOT HAVE radar. radar is dependant on doppler shift. The only way radar in a helicopter would work is if they were ahead of you and hovering just above the road. There's a good book every speeder should read, 'The law on speeding and radar'. It was written by an ontario man.

Helicopters and airplanes have people in them which time you between two painted lines on a highway using a stopwatch

As well, one of the typical comments is that the officer has to show you the radar reading. This is not true(this was held up on appeal in Ontario). Just like an officer does not have to video tape a murder, if he witnessed it, it is his word against yours. similarly he can 'pace' you and give you a ticket as well. The law in alberta however says the officer must be able to provide proof his speedo has been tested and verified.

Your situation is similar to one I had a few years ago. The cop saw me flying by him. He had to speed to catch me. But I saw him coming. By the time he caught me I was doing the speed limit (70K). He said I was doing 140k. I asked him where did he first see me. He told me. I then went to city hall and got the blueprints to the road. I calculated that if I was doing a 140 and he had to catch me from a standstill, it would have taken x number of kilometeres. He stopped me far short of that. I even calculated X assuming the acceleration of a 911. I spoke to the crown prosecutor and showed him all of the calculations. Once he saw those, we pleaded it down to a lesser amount. You may want to do the same math I did and PROVE him wrong.

Th law in alberta is: 50 over the limit is a mandatory court appearance and can be 6 months in jail, but when I watched trials before mine, most received a 6 months driver's suspension a $500 fine
 
My cop friend (Toronto) says all the squad car's speedos are calibrated and he can pull you over based on the speedo and win in court every time. Just like he doesn't have to show you the radar and its always calibrated - when he's asked if it was he just says "they are always calibrated before they are available for him to take from the squad room" and he wins every time.

You're best argument here is asking the cop details of his chase of you - if he had to go 140 to catch you...you do the vector addition and therefore your max speed had to be MUCH lower than 140 of he couldn't have accelerated from 0 to catch you - etc.

I'm sure your lawyer (if this is the type of law he does) should be an expert and help you get off.

The issue you have is that with two prior major convictions (suspensions) you live in a seriously flimsy glass house - you should be going out of your way to stay away from stones - if I were in your shoes I wouldn't drive an NSX (young and suspended twice) I'd drive some four door boring car until my record clears up.
 
Post away, i think they are on my other comp anyways. Thanks Red. I was thinking it was time to rest the NSX for a while also. I doubt the cop will have any actual evidence as it is a pretty bogus charge (170+KM) I got a H2 and since i got a dealership, il throw some red plates on it that way they cant run my record, lol.
 
k cool man here we go
ps i hope everything works out for you Jorge... hope u can get that car out for at least part of the summer


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